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Joshua P Friedman's Answers (617)

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What exactly is considered as "distribution" in a charging order against LLC?

Joshua's answer | Answered on March 25, 2011

"Distribution" in terms of a charging order is a distribution as defined in your state's corporations code. In essence, it is profits from the LLC....

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In Calif., if i use wage garnishment/ a levy on the defendant's bank account, are they responsible for the process server fees?

Joshua's answer | Answered on March 25, 2011

To levy a bank account or garnish wages in California, you have to have the court issue a writ of execution, then open a file with the sheriff and...

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Can judgment creditors report past due amount to credit bureaus?

Joshua's answer | Answered on March 24, 2011

I usually recommend that my clients do not report debts to the credit reporting bureaus. The legal obligations related therewith and potential...

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Can you attach judgment against the debtor's car?

Joshua's answer | Answered on March 23, 2011

No. You can have the sheriff seize it and sell it at auction but you cannot be added as an additional lien holder. But be careful when seizing and...

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I received a summon from an attorney representing a credit card recovery in the amount of $4800.00. What do I do?

Joshua's answer | Answered on March 23, 2011

You need to file an answer to the lawsuit and defend yourself. If you cannot afford an attorney, go to the courthouse and ask for a fee waiver and...

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Debt charged off

Joshua's answer | Answered on March 23, 2011

I agree. Demand verification of debt. Joshua P. Friedman received his juris doctorate from Loyola Law School of Los Angeles and his bachelor of...

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Can I collect from an LLC if they are under receivership from a court appointed receiver for another claim?

Joshua's answer | Answered on March 23, 2011

Depends on what powers court awarded the receiver. I would contact the receiver and discuss settlement before taking any further actions. If...

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Small claims case in Pittsburg (Contra Costa), wage garnishment in Dublin (Alameda County) ??

Joshua's answer | Answered on March 23, 2011

Claims of exemptions are always heard in the original courtroom. Remind the court that the judgment creditor filed the opposition and chose the...

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Where can I get a good form?

Joshua's answer | Answered on March 23, 2011

LexisNexis has a forms and pleadings section. Or you need to look for cases involving Krohn & Moss or other large plaintiff's firms. Joshua P....

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I WAS NOT SERVED TO GO TO COURT. RECVD COMPLAINT/ANSWER AND COMPLIED

Joshua's answer | Answered on March 22, 2011

You need to consult with a local attorney IMMEDIATELY! Learn your options. See what motions you can file. And move FAST!! Joshua P. Friedman...